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  5. 116 Cal.App.2d 843 (1953)
 

PEOPLE v. GONZALES

Docket No. 4940.

116 Cal.App.2d 843 (1953)

254 P.2d 603

THE PEOPLE, Respondent, v. STELLA GONZALES et al., Defendants; ERNIE CRUZ, Appellant.

Court of Appeals of California, Second District, Division One.

March 23, 1953.

Attorney(s) appearing for the Case

Ernest Best for Appellant.

Edmund G. Brown, Attorney General, and Michael J. Clemens, Deputy Attorney General, for Respondent.

DRAPEAU, J.

Defendant was convicted by a trial judge of two counts of unlawful possession of narcotics — marihuana and heroin. He appeals from a "sentence" that he be confined in the county jail for one year, time to be served concurrently as to both counts. He also appeals from an order denying his motion for a new trial.

Defendant and his fiancee were arrested while riding in an automobile. Heroin and marihuana were found upon the

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